December 13, 1996

DAR OPINION NO. 133-96

Mr. Ben Cordero Lim

Chairman

Topventures International Corporation

602 Dona Generosa Building

282 Edsa Ext., Pasay City. M.M.

Dear Mr. Lim:

This has reference to your request for the creation of a Provincial Land Use Conversion Committee for the province of Marinduque with the following proposed duties and responsibilities:

1.         To prescribe guidelines governing land use conversion of agricultural lands into non-agricultural use; and

2.         To approve applications for land use conversion of agricultural land into non-agricultural use.

Said request is prompted by the enactment of RA No. 8022 declaring the Municipalities of Boac, Buenavista and Torrijos in the province of Marinduque as Tourist Zones, and RA No. 7916 declaring the province of Marinduque as Special Economic Zone.

We regret to inform you that your instant request cannot be granted since the authority to approve or disapprove applications for land use conversion vests exclusively in the Department of Agrarian Reform (EO No. 129-A, Series of 1987). Likewise, AO No. 12, Series of 1994 (copy enclosed) provides that the Department of Agrarian Reform is mandated to approve or disapprove applications for conversion, restructuring or readjustment of agricultural lands into non-agricultural uses. It can be logically inferred therefrom that the formulation of guidelines relative thereto shall also be within the jurisdiction of the Department of Agrarian Reform. It is for these reasons that your instant request is denied.

We hope to have enlightened you on the matter.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

OSEC

Doc. No. 95100601

The Provincial Agrarian Reform Officer

Boac, Marinduque